Environmental permitting in the context of a property rights dispute

Can the Pennsylvania Department of Environmental Protection (PADEP) issue a permit when confronted with a dispute regarding the applicant’s right to utilize the site of the proposed activity?  Two occurrences this past month suggest that the answer may well depend on the statute under … Continue reading

District Court exposes vulnerability in Clean Water Act permit shield

Last week, in Southern Appalachian Mountain Stewards, et al. v A&G Coal Corp., No 2:12CV00009 (W.D. Va.), the U.S. District Court for the Western District of Virginia held that the Clean Water Act’s permit shield does not protect a NPDES … Continue reading

Moving Mountains, Part 2: Fourth Circuit greenlights mountaintop removal mining project

Earlier this month, I reported on a blow that the D.C. Circuit dealt mountaintop removal mining in Mingo Logan Coal Co. v. EPA, No. 12-5150 (D.C. Cir.).  Last week, the Fourth Circuit helped the industry get back up on its … Continue reading